83 FR 27681 - Rules of Practice and Procedure Governing Marketing Orders and Marketing Agreements, and Research, Promotion, and Information Programs

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 83, Issue 115 (June 14, 2018)

This rule amends the Rules of Practice governing Marketing Orders and Marketing Agreements (MOMA), and Research, Promotion, and Information (R&P) programs overseen by the U.S. Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) to include a definition of the term ``mail''. It also modifies an authority citation to ensure all appropriate authorities are included.

[Federal Register Volume 83, Number 115 (Thursday, June 14, 2018)]
[Rules and Regulations]
[Pages 27681-27683]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12722]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules 
and Regulations

[[Page 27681]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 900 and 1200

[Document Number AMS-SC-18-0007]


Rules of Practice and Procedure Governing Marketing Orders and 
Marketing Agreements, and Research, Promotion, and Information Programs

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: This rule amends the Rules of Practice governing Marketing 
Orders and Marketing Agreements (MOMA), and Research, Promotion, and 
Information (R&P) programs overseen by the U.S. Department of 
Agriculture's (USDA) Agricultural Marketing Service (AMS) to include a 
definition of the term ``mail''. It also modifies an authority citation 
to ensure all appropriate authorities are included.

DATES: Effective Date: June 14, 2018.

FOR FURTHER INFORMATION CONTACT: Stacy Jones King, Agricultural 
Marketing Specialist, Specialty Crops Program, AMS, USDA, 1400 
Independence Avenue SW, STOP 0244, Washington, DC 20250-0244; 
Telephone: (202) 720-9915, Fax: (202) 205-2800; or email: 
[email protected].

SUPPLEMENTARY INFORMATION: This final rule is issued under the Rules of 
Practice governing MOMA (7 CFR part 900) and R&P (7 CFR part 1200) 
overseen by USDA's AMS to include a definition of the term ``mail''. 
Currently, MOMA and R&P regulations generally use the term ``mail'' but 
do not define it. This action creates a definition of ``mail'' that 
clarifies that it includes not only transmittal of information through 
a postal or other delivery system, but also through electronic mail. 
Without this broader definition of mail, the business activities of the 
boards, councils, and committees that administer the programs under AMS 
oversight, as well as federal milk marketing order administrative 
activities, will be restricted to using the traditional system of 
physical transportation of letters and parcels.
    USDA believes that an expansive definition of ``mail'' will create 
greater effectiveness and cost savings for MOMA and R&P programs. This 
aligns with the Secretary's goal for greater use of technology in the 
Department to deliver the most effective, efficient and customer-
focused programs. For this reason, USDA is amending the regulations at 
7 CFR part 900 and 7 CFR part 1200 to reflect ``mail'' as both 
electronic mail and postal (or otherwise delivered) mail. One of the 
first initiatives under this amendment is to allow for electronic 
voting as an option in required implementation and continuance 
referenda on R&P programs.
    In addition, this rule will further modify authority citations for 
7 CFR part 1200 to correct the current citations as some authority 
cites are not currently included.

Executive Orders 12866, 13563, and 13771

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, reducing costs, harmonizing rules and promoting flexibility. 
This action falls within a category of regulatory actions that the 
Office of Management and Budget (OMB) exempted from Executive Order 
12866 review. Additionally, because this rule does not meet the 
definition of a significant regulatory action it does not trigger the 
requirements contained in Executive Order 13771. See OMB's Memorandum 
titled ``Interim Guidance Implementing Section 2 of the Executive Order 
of January 30, 2017, titled `Reducing Regulation and Controlling 
Regulatory Costs' '' (February 2, 2017).

Executive Order 13175

    This action has been reviewed in accordance with the requirements 
of Executive Order 13175, Consultation and Coordination with Indian 
Tribal Governments. The review reveals that this regulation will not 
have substantial and direct effects on Tribal governments and will not 
have significant Tribal implications.

Executive Order 12988

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. It is not intended to have retroactive effect. 
This rule will not preempt any State or local laws, regulations, or 
policies, unless they present an irreconcilable conflict with this 
rule.
    Section 11 of the Beef Promotion and Research Act of 1985 (7 U.S.C. 
2910) provides that it shall not preempt or supersede any other program 
relating to beef promotion organized and operated under the laws of the 
United States or any State. Section 524 of the Commodity Promotion, 
Research, and Information Act of 1996 (7 U.S.C. 7423) provides that it 
shall not affect or preempt any other Federal or State law authorizing 
promotion or research relating to an agricultural commodity.
    Section 121 of the Dairy Production Stabilization Act of 1983 (7 
U.S.C. 4512(a)) provides that nothing in this Act may be construed to 
preempt or supersede any other program relating to dairy product 
promotion organized and operated under the laws of the United States or 
any State.
    Section 1212(c) of the Hass Avocado Promotion, Research and 
Information Act of 2000 (7 U.S.C. 7811) provides that nothing in this 
Act may be construed to preempt or supersede any program relating to 
Hass avocado promotion, research, industry information, and consumer 
information organized and operated under the laws of the United States 
or of a State.
    Section 1930 of the Mushroom Promotion, Research, and Consumer 
Information Act of 1990 (7 U.S.C. 6109) provides that nothing in this 
Act may be construed to preempt or supersede any other program relating 
to mushroom promotion, research, consumer information or industry 
information organized and operated under the laws of the United States 
or any State.

[[Page 27682]]

    Section 580 of the Popcorn Promotion, Research, and Consumer 
Information Act (7 U.S.C. 7489) provides that nothing in this Act 
preempts or supersedes any other program relating to popcorn promotion 
organized and operated under the laws of the United States or any 
State.
    Section 1628 of the Pork Promotion, Research, and Consumer 
Information Act of 1985 (7 U.S.C. 4817) states that the statute is 
intended to occupy the field of promotion and consumer education 
involving pork and pork products and of obtaining funds thereof from 
pork producers. The regulation of such activity (other than a 
regulation or requirement relating to a matter of public health or the 
provision of State or local funds for such activity) that is in 
addition to or different from the Pork Act may not be imposed by a 
State.
    Additionally, section 1974 of the Soybean Promotion, Research, and 
Consumer Information Act (7 U.S.C. 6309) provides, with certain 
exceptions, that nothing in the Soybean Act may be construed to preempt 
or supersede any other program relating to soybean promotion, research, 
consumer information, or industry information organized under the laws 
of the United States or any State.
    According to the following authorizing acts, administrative 
proceedings must be exhausted before parties may file suit in court: 
Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601-674); 
Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 
7411-7425); Cotton Research and Promotion Act of 1966 (7 U.S.C. 2101-
2118); Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501-4514); 
Egg Research and Consumer Information Act of 1974 (7 U.S.C. 2701-2718); 
Fluid Milk Promotion Act of 1990 (7 U.S.C. 6401-6417); Hass Avocado 
Promotion, Research, and Information Act of 2000 (7 U.S.C. 7801-7813); 
Mushroom Promotion, Research, and Consumer Information Act of 1990 (7 
U.S.C. 6101-6112); Popcorn Promotion, Research, and Consumer 
Information Act of 1996 (7 U.S.C. 7481-7491); Pork Promotion, Research, 
and Consumer Information Act of 1985 (7 U.S.C. 4801-4819); Potato 
Research and Promotion Act of 1971 (7 U.S.C. 2611-2627); Soybean 
Promotion, Research, and Consumer Information Act (7 U.S.C. 6301-6311); 
and Watermelon Research and Promotion Act (7 U.S.C. 4901-4916).
    Under those acts, any person subject to an order may file a 
petition with the Secretary stating that the order, any provision of 
the order, or any obligation imposed in connection with the order is 
not in accordance with law and request a modification of the order or 
to be exempted therefrom. The petitioner is afforded the opportunity 
for a hearing on the petition. After the hearing, the Secretary will 
make a ruling on the petition. The acts provide that the district 
courts of the United States in any district in which the person is an 
inhabitant, or has his principal place of business, has the 
jurisdiction to review the Secretary's rule, provided a complaint is 
filed within 20 days from the date of the entry of the ruling. There 
are no administrative proceedings that must be exhausted prior to any 
judicial challenge under the provision of the Beef Promotion and 
Research Act of 1985 (7 U.S.C. 2901-2911).

Administrative Procedure Act, Regulatory Flexibility Act, and Paperwork 
Reduction Act

    This final rule establishes agency rules of practice and procedure. 
Under the Administrative Procedure Act (APA), prior notice and 
opportunity for comment are not required for the promulgation of agency 
rules of practice and procedure. 5 U.S.C. 553 (b)(3)(A). Only 
substantive rules require publication 30 days prior to their effective 
date. 5 U.S.C. 553 (d). Therefore, this final rule is effective upon 
publication in the Federal Register.
    Under 5 U.S.C. 804, this rule is not subject to Congressional 
review under the Small Business Regulatory Enforcement Fairness Act of 
1996, Public Law 104-121. In addition, because prior notice and 
opportunity for comment are not required to be provided for this final 
rule, this rule is exempt from the requirements of the Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq. Furthermore, we have determined 
that the addition of a definition for the term ``mail'' to 7 CFR parts 
900 and 1200 will not impact the current information collection burden 
for approved OMB forms.

List of Subjects

7 CFR Part 900

    Administrative practice and procedure, Freedom of information, 
Marketing agreements, Reporting and recordkeeping requirements.

7 CFR Part 1200

    Administrative practice and procedure, Agricultural research, 
Reporting and recordkeeping requirements.

    Accordingly, 7 CFR parts 900 and 1200 are amended as follows:

PART 900--GENERAL REGULATIONS

Subpart G--Miscellaneous Requirements

0
1. The authority citation for part 900, subpart G, continues to read as 
follows:

    Authority: Sec. 10, 48 Stat. 37, as amended; 7 U.S.C. 610.


0
2. In Sec.  900.200, add paragraph (f) to read as follows:


Sec.  900.200  Definitions.

* * * * *
    (f) The term mail means to transmit either electronically or 
through a postal or other delivery system, information or a package 
(e.g., letter or envelope) to a recipient.
* * * * *

PART 1200--RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS 
UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS

0
3. The authority citation for part 1200 is revised to read as follows:

    Authority: 7 U.S.C. 2101-2119, 2611-2627, 2701-2718, 2901-2911, 
4501-4514, 4801-4819, 4901-4916, 6101-6112, 6301-6311, 6401-6417, 
7411-7425, 7481-7491, and 7801-7813.

0
4. Subpart C is added to read as follows:

Subpart C--General Definitions

Sec.
1200.100 General.
1200.101 Definitions.

    Authority: 7 U.S.C. 2114, 2616, 2716, 2904, 4503, 4803, 4905, 
6112, 6311, 6406, 7490, 7424 and 7812.


Sec.  1200.100  General.

    The terms defined/specified in this subpart shall apply to all 
research and promotion programs authorized under the Act.


Sec.  1200.101  Definitions.

    (a) Act means the Commodity Research, Promotion, and Information 
Act of 1996 [7 U.S.C. 7411-7425]; the Beef Promotion and Research Act 
of 1985 [7 U.S.C. 2901-2911]; the Cotton Research and Promotion Act, as 
amended [7 U.S.C. 2101-2119]; the Dairy Production Stabilization Act of 
1983 [7 U.S.C. 4501-4514]; the Egg Research and Consumer Information 
Act, as amended [7 U.S.C. 2701-2718]; the Fluid Milk Promotion Act of 
1990 [7 U.S.C. 6401-6417]; the Hass Avocado Promotion, Research, and 
Information Act of 2000 [7 U.S.C. 7801-7813]; the Mushroom Promotion, 
Research, and Consumer Information Act of 1990 [7

[[Page 27683]]

U.S.C. 6101-6112]; the Popcorn Promotion, Research, and Consumer 
Information Act [7 U.S.C. 7481-7491]; the Pork Promotion, Research, and 
Consumer Information Act [7 U.S.C. 4801-4819]; the Potato Research and 
Promotion Act, as amended [7 U.S.C. 2611-2627]; the Soybean Promotion, 
Research, and Consumer Information Act [7 U.S.C. 6301-6311]; and the 
Watermelon Research and Promotion Act, as amended, [7 U.S.C. 4901-
4916].
    (b) Mail means to transmit either electronically or through a 
postal or other delivery system, information or a package (e.g., letter 
or envelope) to a recipient.

    Dated: June 8, 2018.
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2018-12722 Filed 6-13-18; 8:45 am]
 BILLING CODE 3410-02-P